Special Meeting of the Human Rights Commission Monday, May 18, 2020 Human Rights Commission to be held Monday, May 18, 2020 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance Sunday, May 17, 2020 by Noon). All public comment will occur at the beginning of the meeting. To speak remotely at the Monday, May 18, 2020 Human Rights Commission Meeting, residents must: •Call or email the board liaison at (512) 974-3276 or Jonathan.Babiak@austintexas.gov no later than noon, Sunday, May 17, 2020. The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to Jonathan.Babiak@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch- atxn-live 1 a E, j HUMAN RIGHTS COMMISSION Monday, May 18, 2020 1:00 p.m. – 2:30 p.m. VIA VIDEOCONFERENCING CURRENT COMMISSION MEMBERS: Sareta Davis, Chair Kristian Caballero, Vice Chair Jared Breckenridge Garry Brown Jamarr Brown Isabel Casas Idona Griffith Maram Museitif Courtney Santana Alicia Weigel Nathan White AGENDA CALL TO ORDER 1. APPROVAL OF MINUTES Regular Meeting. 2. NEW BUSINESS a. Consider approval of the minutes from the Human Rights Commission’s April 27, 2020 a. Discussion on the process and logistics for NDO hearings, specifically related to the Human Rights Commission special called meeting on November 13th, 2019 to “hear and rule on the appeal of No Reasonable Cause determination of the Equal Employment/Fair Housing Office in Case No. HRC-CF-18-003 under City Code Chapter 5-2 Discrimination in Public Accommodations.” (Caballero/White) b. Presentation by Ann Baddour, Texas Appleseed, and discussion and possible action in regards to changes in Ordinance No. 20190910-002 with the intent to establish fair lending …
REGULAR MEETING MONDAY, April 27, 2020 HUMAN RIGHTS COMMISSION MINUTES The Human Rights Commission convened in a regular meeting on Monday, April 27, 2020 via teleconference in Austin, Texas. Chair Sareta Davis called the Board Meeting to order at 3:05 p.m. Board Members in Attendance: Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Casas, Commissioner Griffith, and Commissioner Museitif. Staff in Attendance: Jonathan Babiak, Human Resources Coordinator, Human Resources Department 1. APPROVAL OF MINUTES The minutes from the regular meeting of February 24, 2020 were approved on a vote of 7-0: Commissioner Garry Brown motion, Chair Davis second. Voting in favor were Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Griffith, and Commissioner Museitif. Commissioner Casas, Commissioner Santana, Commissioner Weigel, and Commissioner White were absent. 2. OLD BUSINESS a. COMMUNITY FORUM The commission will conduct a forum on community priorities for the 2020-2021 City of Austin budget. The commission may take action concerning recommendations related to the budget. (Davis/Caballero) i. Evictions in Travis County The Commission discussed this item and worked informally to finalize the recommendation. After the draft was finalized, Chair Davis moved for adoption, Commissioner Jamarr Brown second. The Commission adopted the recommendation on a vote of 7-0. Voting in favor were Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Griffith, and Commissioner Museitif. Commissioner Casas, Commissioner Santana, Commissioner Weigel, and Commissioner White were absent. ii. Financial assistance for families in Travis County The Commission discussed this item and worked informally to finalize the recommendation. After the draft was finalized, Chair Davis moved for adoption, Commissioner Museitif second. The Commission adopted the recommendation on a 1 vote of 8-0. Voting in favor were Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Casas, Commissioner Griffith, and Commissioner Museitif. Commissioner Santana, Commissioner Weigel, and Commissioner White were absent. 3. NEW BUSINESS a. Discussion and possible action regarding new commissioner assignments to the Joint Inclusion Committee (Davis/Caballero) Chair Davis moved to send to Mayor and Council the nomination of Commissioner Jamarr Brown to serve on the Joint Inclusion Committee as the primary representative of the Human Rights Commission, Commissioner Breckenridge second. Commissioner Jamarr Brown accepted the nomination. The motion was adopted on a vote of 8-0. Voting in favor were Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, …
ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4-12 (REGISTRATION OF CREDIT ACCESS BUSINESSES) OF THE CITY CODE RELATING TO THE REGISTRATION OF BOTH CREDIT SERVICES ORGANIZATIONS AND CREDIT ACCESS BUSINESSES; CREATING AN OFFENSE AND PENALTY; AND AMENDING THE 2019-2020 FEE SCHEDULE IN ORDINANCE NO. 20190910-002 TO ADD A REGISTRATION APPLICATION FEE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Chapter 4-12 (Registration of Credit Access Businesses) is amended to amend the title of the chapter to read as follows: CHAPTER 4-12 REGISTRATION OF CREDIT SERVICES ORGANIZATIONS AND CREDIT ACCESS BUSINESSES. PART 2. City Code Chapter 4-12 (Registration of Credit Services Organizations and Access Businesses) is amended to replace “Director” with “director” in each place that the word appears within Chapter 4-12. PART 3. City Code Section 4-12-1 (Definitions) is amended to add new definitions for “Credit Access Fees”, “Credit Services Organization”, “Extension of Consumer Credit Transaction”, and “Valuable Consideration”; to amend the existing definitions for “Certificate of Registration”, “Consumer”, and “Owner”; to delete the definition of “Registrant”; to delete and replace the definition of “Credit Access Business”; and to re-letter the remaining definitions as set forth below: (A) CERTIFICATE OF REGISTRATION means a certificate of registration issued by the director [Director] under this chapter to the owner or operator of a credit services organization or a credit access business. (B) CONSUMER means an individual who is solicited to purchase or who purchases the services of a credit services organization or a credit access business. (C) CREDIT ACCESS BUSINESS means a credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan. Page 1 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 (D) CREDIT ACCESS BUSINESS FEES mean the fees charged by a credit access business pursuant to Section 393.602, Texas Finance Code. (E) CREDIT SERVICES ORGANIZATION means a person who obtains an extension of consumer credit for a consumer as described in Section 393.001(3)(B), Texas Finance Code, or a …
City of Austin 301 W. Second Street Austin, TX Recommendation for Action File #: 20-1942, Agenda Item #: 28. 5/21/2020(cid:4) Posting Language Approve an ordinance amending Chapter 4-12 (Registration of Credit Access Businesses), creating an offense and penalty, and amending the 2019-2020 Fee Schedule in Ordinance No. 20190910-002 to add an application fee. Lead Department Telecommunications and Regulatory Affairs. Fiscal Note This item has no fiscal impact Prior Council Action: April 9, 2020- Council passed a resolution directing staff to return with this ordinance. For More Information: Rondella M. Hawkins, TARA Officer; 512-974-2422. Council Committee, Boards and Commission Action: Adopted Ordinance No. 20110818-075 in August 2011. Amended Ordinance No. 20151217-073 in December of 2015. Additional Backup Information: City Council passed Resolution No. 20200409-033 on April 9, 2020 directing staff to assess and update the City’s consumer protection ordinances and rules to ensure continued efficacy in light of Texas Attorney General Opinion KP-0277. If approved, the proposed ordinance will require credit service organizations to comply with Chapter 4-12. This change will address Attorney General Opinion KP-0277. The ordinance also makes clarifying changes to Chapter 4-12 and amends the 2019-2020 Fee Schedule in Ordinance No. 20190910-002 to add an application fee. Staff recommends that Council approve the proposed ordinance amendments. Strategic Outcome(s): Economic Opportunity and Affordability. City of Austin Page 1 of 1 Printed on 5/8/2020 powered by Legistar™ (cid:5) (cid:6)
ORDINANCE NO. 20190910-002 AN ORDINANCE AUTEOR ZING FEES, FINES, AND OTHER CHARGES TO BE SET OR CHARGED BY THE CITY FOR FISCAL YEAR 2019-2020 BEGINNING ON OCTOBER 1, 2019, AND ENDING ON SEPTEMBER 30,2020. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The City Council authorizes the fees, fines, and other charges listed in the attached Exhibits "A" and "B" to be set or charged by the City for Fiscal Year 2019- 2020 beginning on October 1, 2019, and ending on September 30,2020. PART 2. To the extent that a previous ordinance conflicts with this ordinance, the earlier ordinance is repealed. PART 3. Except as otherwise specifically provided in Exhibits "A" and "B," this ordinance takes effect on October 1,2019. A fee, fine, or other charge for which a specific effective date has been established in Exhibits "A" and "B" takes effect on the specified effective dates. PART 4. Council waives fees and reimburses costs for City co-sponsored events listed in Exhibit "C" and identified in the following Council actions: Resolution No. 20021003-040 Resolution No. 20040226-040 Resolution No. 20050324-040B Resolution No. 20070308-033 Resolution No. 20100408-034 Resolution No. 2010624-080 Resolution No. 20111208-077 Resolution No. 20120927-081 Ordinance No. 20130808-057 Ordinance No. 20131212-140 Ordinance No.20141106-057 Page 1 of 2 These events are Council-approved co-sponsored events, which serve documented public purposes as set forth in the actions of Council noted above. Each event must annually provide reasonable documentation to the City Manager that the event brings a value to the City that is at least roughly equivalent to the fees waived or reimbursed by this action. PASSED AND APPROVED § § ff- *feve dler Mayor § ATTESET)C j€h uue=• A J:te-eaw Jannette S. Goodall City Clerk September 10 ,2019 APPROVED: Anne L. Morgan City Attorney Page 2 of 2
TEXAS ATTORNEY GENERAL OPINION THREATENS BASIC BORROWER PROTECTIONS FOR HIGH-COST LOANS HISTORY OF REFORM MOVEMENT In 2011, community and faith leaders organized a strong movement to encourage Texas leaders to address predatory payday and auto title lending practices. In response, the Texas Legislature updated the Credit Service Organization Act, a law loan operators were using to get around state consumer protections, including rate and fee caps. The new changes required licensing by the Texas Office of Consumer Credit Commissioner (OCCC) and disclosures, but did not address problems with the cost or structure of the loans. LOCAL ORDINANCES PROVIDE RELIEF With families still hurting from the cycle of debt and ongoing economic harms from these high-cost loans, 46 Texas cities adopted additional, commonsense local protections to address harmful lending practices. City-based protections have maintained access to credit and created better outcomes for borrowers, including lower fees and fewer vehicle repossessions. $250,000 $250,000 $200,000 $300,000 $300,000 $300,000 $250,000 $200,000 $200,000 $150,000 $150,000 $150,000 $100,000 $100,000 $100,000 THREATS TO STATE LICENSING, ORDINANCES, & FIN ANCIAL WELLBEING In November 2019, the Texas Attorney General issued an opinion interpreting state law that opens a new loophole to skirt the few state and local protections that apply to high-cost loans arranged under the Credit Services Organization Act, once again leaving vulnerable Texans at the mercy of predatory market practices. $50,000 $50,000 $50,000 $300,000 $250,000 2012 2012 2012 2018 2018 2018 $200,000 $150,000 $100,000 UNCAPPED PAYDAY AND AUTO TITLE LOANS Average APRs, often over 500% interest, drain wealth from Texas communities $50,000 From 2012-2018, payday and auto title loan operations collected $11.2 billion in fees from struggling Texas families. This money could have gone towards basic family needs and local businesses instead of being drained away for 500% plus APR loans. 2012 2018 High Fees and Refinances Make Up 70% of the Texans Lost 256,701 Cars, Repossessed by Auto Title Payday and Auto Title Loan Market Lenders (Total 2012-2018) Fees & Refinances $4 bil Fees & Refinances $4.1 bil Fees & Refinances $3.7 bil Fees & Refinances $3.5 bil 2012 2012 New Loans $1.9 bil New Loans $1.7 bil New Loans $1.5 bil New Loans $1.6 bil 2012 2012 2014 2016 2018 300,000 250,000 200,000 150,000 2014 2014 100,000 50,000 2014 2016 2016 2018 2018 2016 2018 2012 2018 AUTO TITLELENDERPAYDAY LOANSAUTO TITLELENDERAUTO TITLELENDERPAYDAY LOANSAUTO TITLELENDERAUTO TITLELENDERPAYDAY LOANSAUTO TITLELENDERAUTO TITLELENDERPAYDAY LOANSAUTO TITLELENDERAUTO TITLELENDERPAYDAY LOANSAUTO TITLELENDER IMPACTS OF …
DRAFT COMMISSION RECOMMENDATION COMMISSION RECOMMENDATION Human Rights Commission Recommendation Number 20200518-002c: Recommendation to Address Under-banking by Allowing City Libraries to Perform Limited Financial Services WHEREAS, Under-banking is a serious detriment to working people’s ability to build and grow wealth; and, WHEREAS, Online banking services and digital commerce are becoming increasingly ubiquitous; and, WHEREAS, The inability to participate in digital commerce can directly impact one’s quality of life, financial and employment prospects; thus negatively impacting one’s access to human rights; and, WHEREAS, Public institutions, such as the United States Postal Service, have previously provided limited banking services to the public; and, WHEREAS, The entrance of a public enterprise with more affordable rates stimulates competition in the private sector; and, WHEREAS, The definition of what public libraries are able to lend to the public has previously been expanded (i.e. DVDs, CDs, audiobooks, etc.); and, WHEREAS, Libraries are currently, in effect, depositories of a kind; and, WHEREAS, Exclusion from banking services has been a studied and documented symptom of institutional racism and sexism; and, WHEREAS, The right to Social Security is guaranteed by the 22nd Article of the United Nations Declaration of Human Rights; and, WHEREAS, We are now facing unprecedented financial consequences due to COVID-19; and, WHEREAS, It is in the public interest to create a department within a publicly trusted institution dedicated to the financial success and prosperity of all Austin residents. NOW, THEREFORE, BE IT RESOLVED that the Human Rights Commission recommends the Austin City Council to investigate ways to charter the Austin Library System as a state bank to provide basic, free-to-access, financial services to include but not limited to: fee-free ATM services, checking and savings accounts with online access, debit card services, fee-free overdraft protection, etc.
DRAFT COMMISSION RECOMMENDATION COMMISSION RECOMMENDATION Human Rights Commission Recommendation Number 20200518-002d: Universal Basic Electricity WHEREAS, inability to access electricity is a violation of an individuals human rights according to the 3rd, 14th, 22nd, 25th, and 28th Articles of the United Nations Universal Declaration of Human Rights; and, WHEREAS, Austin has previously been a leader in providing cheap electricity for its residents; and, WHEREAS, the stated purpose of Austin Energy is said to embrace the public utility model; and, WHEREAS, Austin Energy makes an average of $100 million in profits each year; and, WHEREAS, the elimination of a utility bill can have incredible impacts on working class residents; and, WHEREAS, Austin Energy customers are already stakeholders by participating in a $200 refundable deposit program. NOW, THEREFORE, BE IT RESOLVED that the Human Rights Commission for the City of Austin recommends the City Council of Austin direct Austin energy to restructure it’s payment schedule to fit the following: Expand Tier 1 to include up to 700 Kwh/Month at $0.00/Kwh with fee-exemption, and create a flat-fee of $10 for Tier 2 which should be from 700-1300 Kwh/Month at $0.01/Kwh.
REGULAR MEETING MONDAY, May 18, 2020 HUMAN RIGHTS COMMISSION MINUTES The Human Rights Commission convened in a regular meeting on Monday, May 18, 2020 via teleconference in Austin, Texas. Chair Sareta Davis called the Board Meeting to order at 1:06 p.m. Board Members in Attendance: Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Casas, Commissioner Griffith, and Commissioner Museitif, Commissioner Santana, Commissioner Weigel, and Commissioner White. Staff in Attendance: Jonathan Babiak, Human Resources Coordinator, Human Resources Department 1. APPROVAL OF MINUTES The minutes from the regular meeting of April 27, 2020 were approved on a vote of 11-0: Chair Davis motion, Commissioner Museitif second. Voting in favor were Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Casas, Commissioner Griffith, and Commissioner Museitif, Commissioner Santana, Commissioner Weigel, and Commissioner White. 2. NEW BUSINESS a. Discussion on the process and logistics for NDO hearings, specifically related to the Human Rights Commission special called meeting on November 13th, 2019 to “hear and rule on the appeal of No Reasonable Cause determination of the Equal Employment/Fair Housing Office in Case No. HRC-CF-18-003 under City Code Chapter 5-2 Discrimination in Public Accommodations.” (Caballero/White) The Commission discussed this item. The Commission took no action on this item. b. Presentation by Ann Baddour, Texas Appleseed, and discussion and possible action in regards to changes in Ordinance No. 20190910-002 with the intent to establish fair lending practices and consumer protections. (Caballero/Weigel) Ann Baddour, Texas Appleseed, and Rondella Hawkins, Officer, City of Austin Office of Telecommunications and Regulatory Affairs, addressed the Commission and answered questions from the Commission. The Commission discussed this item and worked informally to finalize the draft recommendation. Chair Davis moved for adoption, Commissioner Griffith second. The Commission adopted the recommendation on a vote 1 of 10-0-1. Voting in favor were Chair Davis, Vice Chair Caballero, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Casas, Commissioner Griffith, Commissioner Museitif, Commissioner Santana, Commissioner Weigel, and Commissioner White. Commissioner Breckenridge abstained. c. Discussion and possible action on a Recommendation to Address Under-banking by Allowing City Libraries to Perform Limited Financial Services. (White/Caballero) The Commission agreed informally to return this item to a future agenda. d. Discussion and possible action on a Recommendation regarding Universal Basic Electricity. (White/Caballero) The Commission discussed this item. Chair Davis moved for adoption, Commissioner Griffith second. The Commission adopted the recommendation on a …
